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Greyson Chance

obviously

07-17 10:09 PM

The entire July fiasco and fix is nothing but a GRAND DISTRACTION.

Let us go back to the June bulletin. The numbers became current and leaped by many months JUST AS the Immigration Bill was being debated. This resulted in the EB folks feeling temporarily elated and quite distracted with delusion.

Then, comes the July bulletin. Making ALL numbers available made everyone ecstastic and completely distracted. This just as the debate was winding down.

Again, two key 'relief points' that magically appeared just when the legal workers' needs could have been further highlighted. Net effect, the relative pain and position was REDUCED, so it appears that the problem was being fixed and hence not that urgent.

Next, comes the EB bulletin fiasco. This completely derailed the community. The fix and elation in the past few hours has resulted in all celebrating a pyrrhic victory that will completely derail the discussion on EB issues.

Like ripples in a pond, the net effect of these events has led to a complete refocus of priorities such that even temporary fixes are being toasted and celebrated.

I am not suggesting that there is no silver lining in these clouds. The flower campaign, rallies etc have all been positive moves.

Instead of celebrating ad nauseum and thanking each other and wondering how to send thank you notes... let us FOCUS ON THE REAL PAIN POINTS and PRIORITIES ... the end goal is a predictable system and process for Green Cards.

Any interim relief, while truly and deeply appreciated, cannot be sold as the end product in order to buy our collective silence.

I request the IV Core and others to please continue to highlight the need to get EB Green Card processing professionalized and predictable, in order to ensure that the respect for the law is reciprocated in equal measure.

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go_guy123

08-20 04:39 PM

Excellent point. It is called the Selective Service System (Selective Service System: Welcome (http://www.sss.gov)), used when the President orders a military draft (like the ones during WW2 and Vietnam war)

You have to register (males only) if you become a Permanent Resident in the ages 18-26; otherwise you could have problems during naturalization (N-400 has a specific question for Selective Service) and securing Federal Student Aid.

Given the backlog and mess...i wonder how many will be 26 and below. Mainly applies to family based immigration.

This is one of the important threads. It's really time to cleanse the system and imbibe faith in the employer/employee relationship.

We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

Is this really true?

I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

IV can help only if people are willing to be helped and ready to take action.

I have been a IV member since 2006 . I have seen the ups/downs . donated money , sent letters , attended rallies and done whatever has been been proposed . But I see that many senior members who had the drive to motivate people are not sending or being part of any messages or threads at all and that is exactly why the movement seems to be losing steam .

The standard response that I see to any question is "have you donated money ? " . "Don't ask for anything till you have donated. " this is followed by some some red dots which normally works to silence the questions. People will be willing to donate when they believe in the movement . I remember we collected $ 30,000 in 1 month before the rally there was huge thread with all the donations . People were charged up and the money came up automatically . I am willing to donate but to be brutally honest I do not see the same level of motivation as was there in 2006 / 2007 days .Please use this as a wakeup call and not as reason to vent your frustration on me .

There are many senior members who I do not even see any more . Members joining in late 2007 or early 2008 will not know any of these guys .

Aman Kapoor . He is the founder of IV . I have not seen his messages since the past 3 years almost . Where is he ? Is it too much for him to send a greeting in New years eve motivating the members ? It takes just 2 minutes .

Mark Bartosik :- He was supposed to the spokesperson for IV .The guy with the MasterCard sign for immigration . I have not seen him for quite some time now Where are the other senior leaders like a) Walden Pond b) There was a this British Girl from San Jose ( had a handle which had name like Rose or something ) c) Niloufer Bustani from Dallas. I see her once in a while but very sparingly .

The others even I have forgotten completely.

The only leadership/core that I see is Pappu and no one else . If you have a country where the prime minister shows his face only once in 4 years , how are the people supposed to believe in that movement ? Please don't reply with a message saying what have I done or why can't I contribute money ? I have done that I am looking for leadership to show us the way and motivate us . All campaigns don't need money donations( Letters , calls , faxes etc ) . We could start with that and then drum up support and momentum and then the money will start flowing in automatically . There has to be a synchronized campaign organized by the leadership and all I see is everybody putting their eggs in the basket called spillover.

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cool_guy_onnet1

05-24 01:07 PM

:eek: Dude, you have no Idea, I calculated this morning and I have spent....... $56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Emplyers pay this.

Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

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srini1976

11-13 10:39 PM

In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.

Hi Ramba,

Thanks for your response.

I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.

(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?

(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?

Again, I am not here supporting more numbers or less number in H1B. Because this forum and our organization is nothing related to H1B. We are for Employment based Green Card reforms. I rest my case....Thanks for interesting (and correct) opinions.

Agree completely. IV is for EB GCs and not concerned with H1B. I simply hope that Senator Grassley takes EB into consideration or at least does not oppose somebody else in introducing EB legislation, even on condition of his reforming the H1B process (which I do beleive is needed nonetheless).

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somegchuh

07-26 02:47 PM

I have the same frustrations: 1. Waiting for labor for almost 4 years. 2. Haven't made to 140. 3. Wife on H4, very frustrating for her. 4. Potential contracts/jobs missed. 5. Tired of waiting. Another year???

***VENTING DONE ****

I am tired but I would like to do something while I am waiting... that's why I am thinking of starting PMP. That way, if I eventually get GC or end up moving to some other country I will have some value addition.

In the US for 11 years now. - 7th year H1B

Thanks for starting this topic!!! This could be an emotional thread for a lot of us who are still waiting for this rediculously long process of GC!!!!

More frustrating when:

Waited for 3++ yrs for the labor cert (PD Sept 2002) Just submitted I140 (6/2006) but have to endure the fear that my EB2 will be kicked to EB3, which means RETROGRESSION! With H4, wife cannot work. Going to school is too expensive..i can't afford it with my small salary Stucked with current company...being under appreciated and under utilized by the current employer...not a place for me to build my CAREER!!! Have potential contract jobs/independent consultant positions available (recruiters contacted me) which pay 50% than what i am making now...but can't accept those offers bcos of GC!!!! So so tempted to return home for good (sick and tired of the WAIT), but Everyone was saying "u had waited for years now, so why not wait for another year or so to get it..don't waste the golden opportunity" But...but...is it really going to be just another YEAR? :rolleyes:

Sigh...sorry for venting...but i am really upset!

Going back to Career options...

**yeah, i would like to get a PMP cert, but it is pretty EXPENSIVE. But maybe some of us who done that can advice me.

**About buying houses....really clueless about it...really scare i will get ripped off by people..any advice?

** Yes..i want to know more about E-Visa and making $$ via online business!

Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.

If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.

The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.

Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.

Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.

I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.

One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.

-- I don't have any assets here(like shares, house etc) -- Though I have a house in my country(not sure that would be counted as asset here in this case) -- Even my bank balance is minimal

I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)

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add78

04-28 09:37 AM

It's not just 180 daysd before the application, it also includes 180 days AFTER the application.

This is the current section on 90 days period

(E)(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application.

And the ammendment in the new bill

(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended-- (A) in clause (i)-- (i) by striking ``90 days'' both places it appears and inserting ``180 days'';

Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.

Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:

What's at stake: Reauthorization of the expired research and development tax credit; restoration of "network neutrality" on the Internet; and proposals to boost what Republicans call "competitiveness" and Democrats have styled "innovation," including changes to the controversial H-1B visa program.